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  • Article

    De Minimis No More—US Supreme Court Raises The Standard For Denial Of A Religious Accommodation In The Workplace

    In a striking break from its recent steady stream of divided opinions, last week the United States Supreme Court issued a unanimous opinion making a dramatic change in the level...
    United StatesEmployment and HR
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    EEOC Replaces Outdated Guidance On Retaliation

    Recently, the U.S. Equal Employment Opportunity Commission (EEOC replaced its 1998 Compliance Manual section on retaliation, issuing its final Enforcement Guidance on Retaliation and Related Issues.
    United StatesEmployment and HR
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    Fourth Circuit Finds Employer Not Liable for Terminating Employee Believed to Have Made False Report of Harassment

    Can an employer be held liable under Title VII when it fires an employee based on a good faith belief that she falsely accused another employee of sexual harassment — even if that belief may have been based upon a mistake of fact?
    United StatesEmployment and HR
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    Fourth Circuit Finds Leave Of Absence Is Reasonable Accommodation Under ADA

    The Americans with Disabilities Act (ADA) generally prohibits covered employers from discriminating against employees or applicants...
    United StatesEmployment and HR
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    Uncertainty Remains In Wake Of Court Decision Blocking DOL Overtime Regulations

    The U.S. Department of Labor issued a Final Rule increasing the minimum salary level for employees otherwise exempt from the overtime pay requirements of the Fair Labor Standard Act...
    United StatesEmployment and HR
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    The Bitcoin Blockchain: SEC May Approve Winklevoss Twins' Bitcoin ETF

    Blockchain has been compared to the early days of the Internet: nearly everyone believes that it's a world-changing technology with tremendous potential, but no-one can predict who the ultimate winners will be or what impacts they will have.
    United StatesTechnology
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    Cash-Out Options - Things To Consider Before Jumping In

    With the rise in health insurance costs and changing work demographics, employers nationwide are considering innovative benefit designs that are intended to not only contain costs but also provide...
    United StatesEmployment and HR
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    D.C. Circuit Resuscitates Elimination Of Companionship And Domestic Service Exemptions For Third-Party Employers

    The ongoing legal battle over the U.S. Department of Labor (DOL) Final Rule changing the definitions of "companionship services" and live-in domestic employees again turned against employers on August 21, 2015.
    United StatesEmployment and HR
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    EEOC Issues Final ADA Regulations On Wellness Plans

    The final ADA regulations generally follow the proposed regulations discussed in our May 2015 Employer Alert, avoiding the threat in the proposed regulations of more burdensome administrative requirements in the final rule.
    United StatesEmployment and HR
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    Employer Avoids Liability For Wrongful Discharge Despite Alleged Comparator Receiving Lesser Discipline

    It is often said that consistent application of an employer's work rules is one of the best ways to avoid liability for discrimination claims.
    United StatesEmployment and HR
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    Maryland Employers Required To Provide Paid Sick And Safe Leave To Employees

    Effective February 11, 2018, employers in Maryland with 15 or more employees are required to provide paid job-protected sick and safe leave to eligible employees, and employers with 14 or fewer employees ...
    United StatesEmployment and HR
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    The Impact Of The Federal Budget Deal On Retirement Plans

    On February 9, 2018, Congress passed the amended Bipartisan Budget Act of 2018. This Act contained provisions impacting retirement plans.
    United StatesEmployment and HR
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    Agape Take Two - 4th Circuit Court of Appeals Rules on FCA Statistical Sampling Case

    Last May, we reported on a False Claims Act (FCA) case pending in the 4th Circuit Court of Appeals regarding a claim brought in the U.S. District Court in South Carolina against a network of 24 nursing home providers (collectively, "Agape").
    United StatesFood, Drugs, Healthcare, Life Sciences
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    Corridors October 2017 (News For North Carolina Hospitals)

    IRS Revokes Hospital's Exemption Under Section 501(C)(3) for Failure to Comply with Community Health Needs Assessment Requirements
    United StatesFood, Drugs, Healthcare, Life Sciences
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    Don't Bite! (Shorts On Long Term Care March 2017)

    In early February, the IRS issued "an urgent alert" concerning the latest version of the phishing scam that targets W-2 payroll information.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    The DMCA And Product Aftermarkets - Fair Competition Or Unlawful Circumvention?

    Until recently, it appeared that most smart product reverse engineering efforts would retain protected status.
    United StatesIntellectual Property
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    Pokémon Go Presents Real Privacy Concerns In The (Semi-)Virtual World

    ​Pokémon Go is an augmented reality game developed by Niantic (a Google affiliate) and Nintendo. Players navigate real world locations capturing and training virtual "Pokémon" creatures with their iOS and Android smartphones.
    United StatesPrivacy
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    The Future Of Tran-Atlantic Data Transfers

    Ireland was recently stunned with the news that Apple owed it 13 billion euros it did not want. The underlying tax arrangement was relatively straightforward:
    United StatesPrivacy
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    The Future Of Trans-Atlantic Data Transfers

    ​Ireland was recently stunned with the news that Apple owed it 13 billion euros it did not want.
    WorldwidePrivacy
    Poyner Spruill LLP
    Poyner Spruill LLP
  • Article

    Emergency Video Notarization In North Carolina – Extension To June 30, 2024

    In 2020, North Carolina passed a temporary law authorizing Emergency Video Notarization ("EVN") to alleviate the requirement that notaries be in the physical presence of signers during the COVID-19 pandemic.
    United StatesGovernment, Public Sector
    Poyner Spruill LLP
    Poyner Spruill LLP

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